Why does the Condominium Act say some disputes must be mediated?

Mediation is a cost-efficient and effective means of resolving disputes.

Mediation is a form of alternative dispute resolution, meaning it is an alternative to litigation and to resolving a dispute through the courts. Mediation has a number of advantages to litigation and certain features make it especially well-suited for disputes within condominiums.

Unlike judges or arbitrators, mediators do not impose solutions or make judgments. Instead, they help parties reach their own resolutions. Mediation offers the parties in a dispute control over the outcome of their conflict. This is important because research indicates people are more likely to respect a settlement if they have had a hand in crafting it.

Mediators are neutral and do not take sides in a dispute. They facilitate negotiation and help people communicate with one another effectively. The mediation is a structured process. Each party has the opportunity to be heard and to listen to the other’s point of view.

Mediation is typically faster and far less expensive than solving disputes in the courts. And unlike litigation, mediation is a confidential process. What is said in the mediation room is supposed to stay there. These factors, plus the less formal atmosphere and the fact that parties have control over the outcome, make mediation less stressful than going to court.

Finally, condominiums are communities and the people in conflict may be neighbours. Mediation is especially suited for situations where the participants expect to have an ongoing relationship. Mediation can preserve and even strengthen relationships because the parties have to listen to one another and work together to overcome their differences.

Jeanette Bicknell is a mediator with the Sadowski Resolutions Group. She can be reached at jbicknell@srgllp.com.